Will voluntary admission to psych ward show up

[CoffeeShooter]

If one was to voluntarily go to psych ward in past for anxiety and depression in the state of Texas would this show up in a background check for new firearm? Would it hinder ones legal ability to buy?

[AirForceShooter]

No.

Only when law enforcement or the courts are involved is there a public record.

AFS

[carguychris]

From 18 USC § 922, my emphasis is boldface:

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
[(1)-(3) omitted]
(4) has been adjudicated as a mental defective or has been committed to any mental institution...

From Merriam-Webster:

Adjudicate : to make an official decision about who is right in (a dispute) : to settle judicially.

Committed : placed in confinement (as in a mental institution).

Adjudication refers to a formal and official legal action overseen by a judge. "Placed" indicates that the subject is being confined in the institution involuntarily, which also requires a judicial process.

AFAIK Texas law does not contain any additional restrictions on weapons possession based on mental health.

[EDIT TO ADD]

Here are some additional regulatory definitions from ATF Form 7, again, my emphasis in boldface:

12. Adjudicated as a Mental Defective - A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others; or (2) lacks the mental capacity to contract or manage his own affairs. This term shall include: (1) a finding of insanity by a court in a criminal case; and (2) those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility.

13. Committed to a Mental Institution - A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.

Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not formal legal advice. Caveat emptor and YMMV.

[CoffeeShooter]

Thanks. I’m currently waiting for at least 3 days for background check to clear

[rwilson452]

There has been some cases where the the medical administration has "checked the wrong box" during admission. Changing it from voluntary to involuntary. I would almost suggest if you go for an admission that a lawyer with you to be sure the paperwork is done correctly.

[dogtown tom]

rwilson452 There has been some cases where the the medical administration has "checked the wrong box" during admission. Changing it from voluntary to involuntary. I would almost suggest if you go for an admission that a lawyer with you to be sure the paperwork is done correctly.

Even if someone "checked the wrong box" it wouldn't cause someone to be prohibited.

[CoffeeShooter]

I’m curious as to why my background check will take 3 days. Guy said most take a few minutes. Why I’m a bit worried.

[FITASC]

If anyone thinks that the government can't get their hands on your medical records, I have some skiing property in Florida for sale.

[rwilson452]

Even if someone "checked the wrong box" it wouldn't cause someone to be prohibited.

It does if that is the way it gets reported to NICS. It's a mess to get it straighten out. Especially if the original "commitment" was decades ago and the records are no longer available.

[CoffeeShooter]

Ugh. I’m worried now. Good thing I didn’t buy a gun online and pay once it clears. Is there anyway to find out myself if that’s in my background? The anticipation is killing me.

[CoffeeShooter]

Crap. It’s gonna be up to 6 days. Ugh, I mean I respect the reasong for background check but still. Very much worried I may not ever be able to buy a gun again.

[turkeestalker]

If anyone thinks that the government can't get their hands on your medical records, I have some skiing property in Florida for sale.

Mmmmhm.

My previous auto insurance carrier more than doubled my insurance out of the clear blue because, "They noticed that my oldest son was living at my address and they added him to my policy", when neither of my sons had ever been on my policy.
Excuse me? Seriously?

If insurance companies can access that information as well as your police records, (which they do regardless of what they try to tell you), it ain't no step for a stepper for the government to access all manner of personal information.

That is precisely what concerns me regarding more comprehensive back ground checks.
Just WHO is it that will be making the decisions?
Danger... danger Will Robinson!!

Seriously though, take what carguychris posted and don't sweat a delay until you know that you need to sweat a delay.
It happens all the time simply because there are not enough people available to take the time to further review individual applications when there are a glut of them.

[dogtown tom]

rwilson452

It does if that is the way it gets reported to NICS. It's a mess to get it straighten out. Especially if the original "commitment" was decades ago and the records are no longer available.

A mental health facility doesn't report jack squat to NICS.......they can't.
As posted above:
12. Adjudicated as a Mental Defective - A determination by a court, board, commission, or other lawful authority ....

13. Committed to a Mental Institution - A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority....

If the person was adjudicated and/or committed by a court, board, commission, or other lawful authority then the person would have been represented by an attorney BEFORE the person was committed.


Simply being admitted to a mental health facility means jack squat.

[CoffeeShooter]

Hope you’re right dogtown. In the event one is denied is it possible to prove sanity to return rights?

[carguychris]

Originally Posted by CoffeeShooter

In the event one is denied is it possible to prove sanity to return rights?

Yes, it has been done, but seriously, why jump to conclusions before you know why (or even if!) you have been denied?

Keep in mind that many NICS 3-day holds happen for really trivial reasons. Oftentimes it's simply that your name is similar to a felon who lives in the same county as you, or something of that sort.

[CoffeeShooter]

Chances of a law abiding person in my state having same name as me is slim to none let alone a felon. Am curious how the system works

[FITASC]

Something raised a flag; many times it is a simple glitch; ride out the wait time.

[NateKirk]

I’m curious as to why my background check will take 3 days. Guy said most take a few minutes. Why I’m a bit worried.

There can be a number of other reasons you would be put on a delay. You could be an immigrant, have a complicated past, someone with the same name as you could have a complicated past, have a common last name, been delayed before, etc.

[SonOfScubaDiver]

I get delayed every time I buy a new gun. Have yet to buy one without having to wait the three days. Don't sweat it.

[CoffeeShooter]

Wonder if it’s possible they could call me today or tomorrow or even Saturday . They said it would be done on Tuesday(closed Monday and Sunday) but curious if it’s possible for them to call back sooner

[rwilson452]

I get delayed every time I buy a new gun. Have yet to buy one without having to wait the three days. Don't sweat it.
SonOfScubaDiver is offline Report Post

If you have difficulty every time but get cleared you can get a "pin" number to give the dealer. it should speed things up.